SHIRE OF CARNARVON
TOWN PLANNING SCHEME No. 10
AMENDMENT No. 68
June 2014
PLANNING AND DEVELOPMENT ACT 2005
RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME
SHIRE OF CARNARVON
TOWN PLANNING SCHEME No. 10
AMENDMENT No. 68
RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act 2005
(as amended), amend the above Town Planning Scheme by:
1. Modifying the preamble to Table 1 Zoning Table by deleting under Symbol ‘M’, the words
“Clause 6.8 & Append.10” replacing it with the words “Clause 6.7 & Appendix No. IX”.
2. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Horticulture Manager’s
dwelling’ with a designation the following zones:



3.
AA - Rural;
AA - Special Rural; and
AA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
Introducing a new definition of ‘Horticulture Manager’s Dwelling’ in Appendix No. IV –
‘Interpretations’ as follows:
“Horticulture Manager’s Dwelling”:
means a single dwelling that is occupied by a person, together
with their spouse, partner or dependent child who is actively
involved in the operation of a registered horticulture business
on a day to day basis on the subject land.
4. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Seasonal Workers
Accommodation’ with a designation the following zones:



SA - Rural;
SA- Special Rural; and
SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
5. Introducing a new definition of ‘Seasonal Workers Accommodation’ in Appendix No. IV –
‘Interpretations’ as follows:
i. “Seasonal Workers Accommodation:
means a building or group of
buildings of a residential classification (excluding a motel, hotel, hostel or
boarding/lodging house, tourist accommodation, caravan park and camping
ground), that is occupied by a person, together with their spouse, partner or
dependent child who is actively involved in the operation of the business on a
day to day basis on the subject land or land purposely zoned for workers’
accommodation use”.
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6. Modifying Clauses 1.2, 5.7, 5.10, 5.14, 6.1, 6.2, 6.3, 6.4 and Appendix No. IV – Interpretations
by replacing ‘Residential Planning Codes’ with ‘Residential Design Codes’.
7. Modifying Clause 6.2.1 by deleting reference to a density Code of R13.5 and relace with a
density of R12.5.
8.
Removing all references in TPS No. 10 of the term ‘Council’ and replace with ‘Local
Government’.
9. Introducing a new Scheme provision 6.4 (renumbering the remaining Clauses) as follows:
‘’6.4
SEASONAL WORKERS ACCOMMODATION
6.4.1 All seasonal workers accommodation, whether intended as permanent or
temporary structures, shall be regarded as residential development and is subject to
the requirements of the Residential Planning Codes and clause 6.1 of this Scheme.
6.4.2 Notwithstanding subclause 6.3.1, the requirements of the Residential Design
Codes and clause 6.1 of the Scheme may be varied for seasonal workers
accommodation by Local Government provided adequate justification for the
variation is submitted by the proponents of the accommodation and provided Local
Government considers the variation appropriate.
6.4.3 Planning applications for temporary structures to provide seasonal workers
accommodation shall, to Local Government’s satisfaction, be accompanied by
information and plans indicating how and when the development will be removed
and the site rehabilitated or developed for a different use intended for the site.
6.4.4 Local Government may require, by signed agreement, a commitment to the
date and details of rehabilitation and conversion the subject of subclause 6.4.3.’’
10. Modifying the definition of ‘Rural Pursuit’ to remove ‘poultry farming’.
11. Deleting Clause 6.8.2 and Clause 6.8.3.
12. Introducing a revised definition of ‘Fuel Filling Station’ in Appendix No. IV – ‘Interpretations’
(by adding the underlined words) as follows:
“Fuel Filling Station” - means land, buildings and equipment used for the
storage and dispensing of liquid and gaseous fuels for the operation of the
predominant use of the land but does not include a service station and
specifically excludes the sale by retail into a vehicle for final use of such fuel
from the premises.
13. Introducing a revised definition of ‘Motel’ in Appendix No. IV –Interpretations’ (by adding the
underlined letter) as follows:
“Motel” - means a building, group of buildings or place used or intended to
be used to accommodate patrons in a manner similar to a hotel or boarding
house but in which special provision is made for the accommodation of
patrons with motor vehicles.”
14. Modifying Table 1 Zoning Table by replacing under Residential Uses as follows:
 ‘Single House’ to be replaced with ‘Single Dwelling’; and
 ‘Attached House’ to be replaced with ‘Attached Dwelling’.
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15. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Home Business’ with a
designation the following zones:
 SA -Residential;
 SA -Residential Development;
 SA -Rural;
 SA -Special Rural; and
 SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
16. Introducing a new definition of ‘Home Business’ in Appendix No. IV –Interpretations’ as
follows:
“Home Business – a business, service or profession carried out in a dwelling or on land
around a dwelling which:
(a) does not employ more than two people not members of the occupier’s household;
(b) will not cause injury to or adversely affect the amenity of the neighbourhood;
(c) does not occupy an area greater than 50m²,
(d) does not retail the retail sale, display or hire of goods of any nature,
(e) in relation to vehicles and parking, will not result in traffic difficulties as a result of
the inadequacy of parking or an increase in traffic volumes in the neighbourhood,
and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes
tare weight; and
(f) does not involve the use of an essential service of greater capacity than normally
required in the zone.”
17. Deleting reference in Clause 6.4.4 to Uniform Building By-Laws.
18. Introducing a revised definition of ‘Kennels’ in Appendix No. IV –Interpretations’ (by
removing crossed out words and adding the underlined words) as follows:
“Kennels” - means land and buildings used for the purpose of keeping, breeding, and
temporary care of dogs except that the expression shall not include the
keeping of up to two six dogs by a land owner for his own use and
enjoyment unless a different limit is provided for in a Local Law. The
maximum number of dogs which may be dept kept in kennels shall be
determined in each case by the Council Local Government”.
19. Rezoning Lot 1004 Olivia Terrace, Carnarvon from “Public Purposes Car Park (CP)” reserve to
“Commercial” zone.
20. Under Clause 2.6 (e) (i) replacing the words “’Acceptable Development ‘” with “’Deemed-toComply’”.
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21. Under Clause 2.5.1 replacing the following words:
“2.5 PERIOD FOR MAKING DECISIONS
2.5.1 The Council shall convey its decision on any such Application for Planning
Approval whether in principle or otherwise to the applicant in the form set out
at Appendix No. 2 to this Scheme within 120 days of the date upon which it was
received at the Council’s offices unless the Council shall have first obtained the
applicant’s approval in writing for an extension of that period and in the event
that a decision has not been made within the period or extended period, the
application may be deemed to have been refused for the purpose of appeal.”
with:
“2.5 DEEMED REFUSAL
2.5.1 Subject to clause 2.5.2, an application for planning approval is deemed to have
been refused if a determination in respect of that application is not conveyed to
the applicant by the local government within 60 days of the receipt of the
application by the local government, or within such further time as is agreed in
writing between the applicant and the local government.
2.5.2 An application for planning approval which is the subject of a notice under
clause 4.3 is deemed to be refused where a determination in respect of that
application is not conveyed to the applicant by the local government within 90
days of the receipt of the application by the local government, or within such
further time as is agreed in writing between the applicant and the local
government.”
22. Replacing ‘Table No. 2-Development and Car parking Standards’ with the revised ‘Table No.
2-Development and Car parking Standards’ (As included in Schedule 1).
23. Rezoning Reserve 36467 (Lot 1210) and portion of Lot 287 North West Coastal Highway,
Carnarvon from “Residential Development” zone to “Public Purposes Rubbish Disposal (RD)”
reserve.
24. Rezoning Lot 600 and Lot 601 Yardi Quays, Northwater from part “Private Clubs and
Institutions” zone and part “Fascine Waterway Development” to wholly “Fascine Waterway
Development” zone.
25. Rezoning from part “Residential” zone and part “Fascine Waterway Development” to wholly
“Residential” zone with a density code as described in Table 1 of the Residential Design
Codes of R20 as follows:
• Lots 615 – 620 (inclusive) and Lot 823 Yardi Quays, Northwater.
And rezone Yardi Quays, Mindirra Crescent and Jaaga Cove from “Residential” zone to “Local
Road”.
26. Rezoning Reserve 49812 and Reserve 46363 from “Fascine Waterway Development” to
“Public Open Space” reserve.
27. Rezoning Part Lot 1193 and Reserve 6049 from “Private Clubs and Institutions” zone to
“Public Open Space” reserve.
28. Rezoning portion Olivia Terrace road reserve from “Private Clubs and Institutions” zone to
“Important Local Road” reserve.
4
29. Rezoning Lot 1 Mahoney Avenue, Brown Range from “Residential R10” and “Special Use –
Earth Station Tourist Precinct” to “Special Use – Telecommunications, NBN Satellite Earth
Station and Tourist/Education Precinct” and “Residential R20”.
30. Under Clause 2.4.3 replacing the following words:
“2.4.3
Without limiting the above, the Council may, where it deems appropriate,
grant Planning Approvals which;
(i) if not implemented within the period of time specified in each such Approval shall
cease to be valid;
(ii) permit the use and development of land to occur for limited periods of time after
the expiration of which periods, as specified in each such Approval, the use shall
cease and the site shall be restored to the condition prevailing at the time when
the Approval was given unless a further Approval has been sought and obtained;
Unless otherwise specified pursuant to Clause (i) above, any Planning Approval
granted by the Council under this Part shall cease to be valid if not implemented
within a period of 2 years from the date of the approval concerned.”
with:
“2.4.3
Where the local government grants Planning Approval for the development of
land —
(i)
the development approved is to be substantially commenced within 2 years, or
such other period as specified in the approval, after the date of the determination;
and
(ii) the approval lapses if the development has not substantially commenced before
the expiration of that period.
2.4.4
A written request may be made to the local government for an extension of the
term of planning approval at any time prior to the expiry of the approval period
in clause 2.4.3.”
Renumbering existing 2.4.3 to read “2.4.5”.
31. Introducing new Clause 2.5 ‘Amending or Revoking a Planning Approval’ as follows:
“2.5
AMENDING OR REVOKING A PLANNING APPROVAL
2.5.1 The Local Government may, on written application form the owner of land in
respect of which planning approval has been granted, revoke or amend the Planning
Approval prior to the commencement of the use or development subject of the
Planning Approval.”
5
32. Replacing the following words in Policy Statement No. 1:
“(a)
(b)
Where a property is in excess of 4ha and less than 10ha to a maximum of two
dwelling units.
Where property is in excess of 10ha then, there is permitted two dwelling units for
the first 10ha and thereafter additional unit for each additional 10ha viable rural
property”.
with:
“Accommodation within the Intensive Horticulture Zone will comply with Table 1Zoning Table of Scheme 10 in that a single house is a ‘permitted’ use and ancillary
accommodation is ‘discretionary use’.
Under the under the Residential Design Codes (‘R-Codes’) a ‘single house’ is
defined as a ‘dwelling’ as follows:
“A building or portion of a building being used, adapted, or designed or intended
to be used for the purpose of human habitation on a permanent basis by a single
person, a single family, or no more than six persons who do not comprise a single
family.”
Ancillary Accommodation is defined under the R-Codes as follows:
“Self-contained dwelling on the same lot as a single house which may be attached
to, integrated with or detached from the single house”.
33. Amending the Scheme Maps accordingly.
Dated this 11th Day of June.
_____________________________
Chief Executive Officer
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FILE NO. 4D1066
PART OF AGENDA: _______
PROPOSAL TO AMEND A TOWN PLANNING SCHEME
1) LOCAL AUTHORITY:
2) DESCRIPTION OF TOWN
PLANNING SCHEME:
3) TYPE OF SCHEME:
4) SERIAL NUMBER OF
AMENDMENT:
SHIRE OF CARNARVON
TOWN PLANNING SCHEME No. 10 – CARNARVON
TOWNSITE & ENVIRONS
TOWN PLANNING SCHEME
AMENDMENT No. 68
5) PURPOSE:
1. Modify the preamble to Table 1 Zoning Table by deleting under Symbol ‘M’, the words
“Clause 6.8 & Append.10” replacing it with the words “Clause 6.7 & Appendix No. IX”.
2. Modify Table 1 Zoning Table by including under Residential Uses, ‘Horticulture Manager’s
dwelling’ within the following zones:
 Rural;
 Special Rural; and
 Intensive Horticulture.
3. Introduce a new definition of ‘Horticulture Manager’s Dwelling’,
4. Modify Table 1 Zoning Table by including under Residential Uses, ‘Seasonal Workers
Accommodation’ within the following zones:
 Rural;
 Special Rural; and
 Intensive Horticulture.
5. Introduce a new definition of ‘Seasonal Workers Accommodation’ in Appendix No. IV –
‘Interpretations’
6. Modify Clauses 1.2, 5.7, 5.10, 5.14, 6.1, 6.2, 6.3, 6.4 and Appendix No. IV – Interpretations by
replacing ‘Residential Planning Codes’ with ‘Residential Design Codes’.
7
7. Modify Clause 6.2.1 by deleting reference to a density Code of R13.5 and relace with a
density of R12.5.
8. Remove all references in TPS No. 10 of the term ‘Council’ and replace with ‘Local
Government’.
9. Introduce a new Scheme provision 6.4 for Seasonal Workers Accommodation.
10. Modify the definition of ‘Rural Pursuit’ to remove ‘poultry farming’.
11. Delete Clause 6.8.2 and Clause 6.8.3.
12. Introduce a revised definition of ‘Fuel Filling Station’ in Appendix No. IV – ‘Interpretations’
13. Introduce a revised definition of ‘Motel’ in Appendix No. IV –Interpretations’.
14. Modify the Table 1 Zoning Table by replacing under Residential Uses as follows:
 ‘Single House’ to be replaced with ‘Single Dwelling’; and
 ‘Attached House’ to be replaced with ‘Attached Dwelling’.
15. Modify the Table 1 Zoning Table by including under Residential Uses, ‘Home Business’ with a
designation the following zones:
 Residential;
 Residential Development;
 Rural;
 Special Rural; and
 Intensive Horticulture;
16. Introduce a new definition of ‘Home Business’ in Appendix No. IV – Interpretations’.
17. Delete reference in Clause 6.4.4 to Uniform Building By-Laws.
18. Introduce a revised definition of ‘Kennels’ in Appendix No. IV –Interpretations’.
19. Rezone Lot 1004 Olivia Terrace, Carnarvon from “Public Purposes Car Park (CP)” reserve to
“Commercial” zone.
20. Under Clause 2.6 (e) (i) replace the words “’Acceptable Development ‘” with “’Deemed-toComply’”.
21. Under Clause 2.5.1 replace “2.5 PERIOD FOR MAKING DECISIONS with 2.5 DEEMED REFUSAL
along with revised provisions.
22. Replace ‘Table No. 2-Development and Car parking Standards’ with the revised ‘Table No. 2Development and Car parking Standards’.
23. Rezone Reserve 36467 (Lot 1210) and portion of Lot 287 North West Coastal Highway,
Carnarvon from “Residential Development” zone to “Public Purposes Rubbish Disposal (RD)”
reserve.
24. Rezone Lot 600 and Lot 601 Yardi Quays, Northwater from part “Private Clubs and
Institutions” zone and part “Fascine Waterway Development” to wholly “Fascine Waterway
Development” zone.
8
25. Rezone from part “Residential” zone and part “Fascine Waterway Development” to wholly
“Residential” zone with a density code as described in Table 1 of the Residential Design
Codes of R20 as follows:
 Lots 615 – 620 (inclusive) and Lot 823 Yardi Quays, Northwater; and
 rezone Yardi Quays, Mindirra Crescent and Jaaga Cove from “Residential” zone to
“Local Road”.
26. Rezone Reserve 49812 and Reserve 46363 from “Fascine Waterway Development” to
“Public Open Space” reserve.
27. Rezone Part Lot 1193 and Reserve 6049 from “Private Clubs and Institutions” zone to
“Public Open Space” reserve.
28. Rezone portion Olivia Terrace road reserve from “Private Clubs and Institutions” zone to
“Important Local Road” reserve.
29. Rezone Lot 1 Mahoney Avenue, Brown Range from “Residential R10” and “Special Use –
Earth Station Tourist Precinct” to “Special Use – Telecommunications, NBN Satellite Earth
Station and Tourist/Education Precinct” and “Residential R20”.
30. Under Clause 2.4.3 replacing the provisions.
31. Replace the wording of Policy Statement No. 1.
32. Amend the Scheme Maps accordingly.
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PLANNING REPORT
TABLE OF CONTENTS
Introduction ............................................................................................................................................... 11
Planning Context ...................................................................................................................................... 12
Proposals and Explanations ................................................................................................................... 12
Justification /Conclusion ......................................................................................................................... 26
ADOPTION AND APPROVAL OF THE TOWN PLANNING SCHEME AMENDMENT ............................ 33
Zoning Maps/Tables ................................................................................................................................. 34
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Introduction
The undertaking of this scheme amendment is to address a number of anomalies and inconsistencies
that have been identified in Town Planning Scheme No. 10.
The Thirty-two (32) proposals that have been identified for inclusion in this omnibus will collectively
rectify a number of anomalies present in Town Planning Scheme No. 10, allowing for better
alignment with WA State Policies and to avoid land use conflicts in the future.
The Shire of Carnarvon Town Planning Scheme No.10 (TPS No.10) was gazetted on 26th of February
1988. Ongoing use of TPS No. 10 subsequent to gazettal has revealed a number of areas where
refinements are required to improve the Scheme’s operational effectiveness and to otherwise
correct minor errors or omissions in the text. The process for implementation of recommended
changes is through the Scheme amendment process.
The inclusion of minor proposals in omnibus amendments provides an efficient and effective process
to amend the Scheme, in terms of the number of proposals, public consultation, the Shire’s
resources and reporting to Council.
This omnibus amendment consists of thirty-two (32) proposals to amend TPS No. 10 in the form or
modification to the Scheme Maps, to correct drafting errors, rezone and re-code land and make
changes to the accompanying Scheme Text. The proposals are numbered sequentially with specific
details of each proposal outlined and considered in this report.
11
Planning Context
Planning and Development Act 2005
The Planning and Development Act 2005 provides for an efficient and effective land use planning
system in the State and promotes sustainable use and development of land in the State.
Town Planning Regulations 1967
Town Planning Scheme No 10 – Carnarvon Townsite & Environs
The Shire of Carnarvon Town Planning Scheme No.10 is the statutory instrument that regulates land
use and development within the gazetted townsite and surrounding environs of Carnarvon. The
purpose of amending this document is to correct a number of anomalies.
State Planning Policy 3.1 - Residential Design Codes of Western Australia
State Planning Policy (SPP) 3.1 – Residential Design Codes (R Codes) is the main policy document
central to proposals numbered 6, 7, 14 and 20.
These proposed amendments in particular rectify a number of anomalies present in Town Planning
Scheme No. 10, allowing for better alignment with SPP 3.1 and avoidance of land use conflicts in the
future.
12
Proposals and Explanations
Proposal 1 – Modify the preamble to Table 1 Zoning Table by deleting under Symbol ‘M’, the words
“Clause 6.8 & Append.10” replacing it with the words “Clause 6.7 & Appendix No. IX”.
Explanation 1 – TPS No. 10 incorrectly refers to Clause 6.8 and Appendix 10 whereas the correct
reference for Special use sites is replacing it with Clause 6.7 & Appendix IX.
Proposal 2 – Modify Table 1 Zoning Table by including under Residential Uses, ‘Horticulture
Manager’s Dwelling’ with a designation the following zones:



AA - Rural;
AA - Special Rural; and
AA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
Explanation 2 – The Shire Administration considers that the issue of ‘Horticulture Manager’s
Dwelling’ for plantation activities needs to be addressed as a modification to TPS No.10. Under the
Rural zone, Special Rural zone and Intensive Horticulture zone, only a single dwelling can be
approved on lots with such zoning.
The intent of including ‘Horticulture Manager’s Dwelling’ is that it will allow compliance with
plantation operations where an operator has a family dwelling and a manger’s dwelling. In the event
that the Minister for Planning eventually supports the modification it would be appropriate for
Council to consider a planning policy associated with ‘Horticulture Manager’s Dwelling’.
Proposal 3 – Introduce new definition of ‘Horticulture Manager’s Dwelling’ in Appendix No. IV –
‘Interpretations’ as follows:
“Horticulture Manager’s Dwelling”:
means a single dwelling that is occupied by a person, together
with their spouse, partner or dependent child who is actively
involved in the operation of a registered horticulture business
on a day to day basis on the subject land.
Explanation 3 – With the inclusion of ‘Horticulture Manager’s Dwelling’ in Table 1 – Zoning Table, it
is necessary to include a definition of the term.
Proposal 4 – Modify Table 1 Zoning Table by including under Residential Uses, ‘Seasonal Workers
Accommodation’ with a designation the following zones:



SA - Rural;
SA- Special Rural; and
SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
Explanation 4 – The Shire Administration considers that the issue of ‘seasonal worker
accommodation’ for plantation operators needs to be addressed as a modification to TPS No.10 as it
will allow compliance to be considered where unauthorised development has been undertaken over
many years. This has largely occurred in the Rural, Special Rural and Intensive Horticulture zones. It
13
is considered that within the above zones an application for seasonal worker accommodation should
be subject to community advertising as the extent and nature of some proposals would warrant a
more extensive degree of public scrutiny.
Should the modification be eventually supported by the Minister for Planning, it would be
appropriate for Council to consider a planning policy associated with seasonal workers
accommodation.
Proposal 5 – Introduce new definition of ‘Seasonal Workers Accommodation’ in Appendix No. IV –
‘Interpretations’ as follows:
“Seasonal Workers Accommodation:
means a building or group of buildings of a residential
classification (excluding a motel, hotel, hostel or
boarding/lodging house, tourist accommodation, caravan
park and camping ground), that is occupied by a person,
together with their spouse, partner or dependent child who
is actively involved in the operation of the business on a day
to day basis on the subject land or land purposely zoned for
workers’ accommodation use”.
Explanation 5 – With the inclusion of ‘Seasonal Workers Accommodation’ in Table 1- Zoning table, it
is necessary to include a definition of the term. The recommended definition originates from
discussions with Council over the last 18 months.
Proposal 6 – Modify Clauses 1.2, 5.7, 5.10, 5.14, 6.1, 6.2, 6.3, 6.4 and Appendix No. IV –
Interpretations by replacing ‘Residential Planning Codes’ with ‘Residential Design Codes’.
Explanation 6 – The reference to ‘Residential Planning Codes’ is not applicable as the WAPC’s State
Planning Policy 3.1 refers to the ‘Residential Design Codes’.
Proposal 7 – Modify Clause 6.2.1 by deleting reference to a density Code of R13.5 and relace with a
density of R12.5.
Explanation 7 – Under the ‘Residential Design Codes’ and the maps associated with residentially
coded land, there is no reference to a density Code of R13.5. Only a density code of R12.5 applies. It
is believed that this is a text error that originated with TPS No. 10.
Proposal 8 – Remove all references in TPS No. 10 of the term ‘Council’ and replace with ‘Local
Government’.
Explanation 8 – TPS No. 10 uses a mixed reference of ‘Council’ and ‘Local Government’, giving the
false impression that they are different entities. The WAPC’s Model Scheme Text and other
documentation uses only the term ‘Local Government’ when addressing the relevant planning
authority. This amendment is consistent with normal planning processes.
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Proposal 9 – Introduce a new Scheme provision 6.4 (renumbering the remaining Clauses) as follows:
‘’6.4 SEASONAL WORKERS ACCOMMODATION
6.4.1 All seasonal workers accommodation, whether intended as permanent or temporary
structures, shall be regarded as residential development and is subject to the requirements of
the Residential Planning Codes and clause 6.1 of this Scheme.
6.4.2 Notwithstanding subclause 6.3.1, the requirements of the Residential Design Codes and clause
6.1 of the Scheme may be varied for seasonal workers accommodation by Local Government
provided adequate justification for the variation is submitted by the proponents of the
accommodation and provided Local Government considers the variation appropriate.
6.4.3 Planning applications for temporary structures to provide seasonal workers accommodation
shall, to Local Government’s satisfaction, be accompanied by information and plans indicating
how and when the development will be removed and the site rehabilitated or developed for a
different use intended for the site.
6.4.4 Local Government may require, by signed agreement, a commitment to the date and details of
rehabilitation and conversion the subject of subclause 6.4.3.’’
Explanation 9 – With the introduction of seasonal workers accommodation in TPS No. 10, it is
necessary to include specific planning provisions for the use and development of what is essentially
‘residential’ accommodation.
Proposal 10 – Modify the definition of ‘Rural Pursuit’ to remove ‘poultry farming’.
Explanation 10 – The definition of Rural Pursuit includes poultry farming which is also separately
defined in TPS No. 10. As the following indicates, there is a discrepancy in the Rural Pursuit definition
that arises under the Rural zone, General Industry, Intensive Horticulture zone and the Special Rural
zone where the Table 1 Zoning Table prescribes confusing arrangement where a poultry farm is
permitted, discretionary and prohibited:




Rural zone – a Rural Pursuit is a P (permitted) use but a poultry farm is an AA use (Council
discretion).
General Industry zone - a Rural Pursuit is a P (permitted) use but a poultry farm is an SA use
(Council discretion and subject to advertising).
Intensive Horticulture zone - a Rural Pursuit is a Prohibited use but a poultry farm is an AA
use (Council discretion).
Special Rural zone - a Rural Pursuit is an AA use (Council discretion) whilst a poultry farm is
Prohibited use.
By removing poultry farming from the definition of Rural Pursuit enables clarity of the respective
uses in the Table 1 Zoning Table.
Proposal 11 – Delete Clause 6.8.2 and Clause 6.8.3.
Explanation 11 – Clause 6.8.2 and Clause 6.8.3 state as follows:
‘‘6.8.2 Floodways are shown delineated on the Scheme Maps.
15
6.8.3
Applications for Planning Approval to commence development of land within a floodway, as
shown on the Scheme Map shall be determined by Council in accordance with the guidelines
established by the Water Authority of WA>’’
However maps associated with TPS No. 10 do not (and have never) included reference to flood
maps. In this regard, the Shire has no knowledge of what these clauses referred to in 1988 when
gazetted. The Shire Administration considers that the assessment of flooding can be addressed by
retaining existing Clause 6.8.1:
“6.8.1 Notwithstanding the provisions of any other Clause of this Scheme Text, if the use of land
and/or the carrying out of development are determined by Council as being exposed to or
contribute to the risk of damage by flooding or will produce drainage difficulties, nothing
shall prevent the Council from refusing to grant Planning Approval to any such use or
development pursuant to Part 2 of this Scheme on this ground alone or for other related
reasons.”
It should be noted that as part of the preparation of new Scheme No. 13, Council will have the
opportunity to ensure that necessary flooding assessment will be undertaken and form part of this
process. However, it is considered that the council is not at liberty to retain scheme provisions in TPS
10 that have no statutory relevance.
Proposal 12 –Introduce a revised definition of ‘Fuel Filling Station’ in Appendix No. IV –
‘Interpretations’ (by adding the underlined words) as follows:
“Fuel Filling Station” - means land, buildings and equipment used for the storage and dispensing of
liquid and gaseous fuels for the operation of the predominant use of the land but does not include a
service station and specifically excludes the sale by retail into a vehicle for final use of such fuel from
the premises.
Explanation 12 – There has been some conjecture as to the definition of fuel filling station and
services station. The intent is to clarify that a fuel filling station is a facility that is available to a
prominent use (e.g. fuel supplies for a transport depot) but that it isn’t a service station and excludes
the retail sale of fuels.
Proposal 13 – Introduce a revised definition of ‘Motel’ in Appendix No. IV – Interpretations’ (by
adding the underlined letter) as follows:
“Motel” - means a building, group of buildings or place used or intended to be used to accommodate
patrons in a manner similar to a hotel or boarding house but in which special provision is made for
the accommodation of patrons with motor vehicles.
Explanation 13 – The modification rectifies a typographical error in original TPS No. 10.
Proposal 14 – Modify Table 1 Zoning Table by replacing under Residential Uses as follows:


‘Single House’ to be replaced with ‘Single Dwelling’; and
‘Attached House’ to be replaced with ‘Attached Dwelling’.
Explanation 14 – TPS No. 10 does not have any definition of ‘house’, although a dwelling is defined.
The desire is to ensure consistency and clarity of approach to the operation of TPS No. 10 and the R
Codes.
16
Proposal 15 – Modify Table 1 Zoning Table by including under Residential Uses, ‘Home Business’
with a designation the following zones:





SA -Residential;
SA -Residential Development;
SA -Rural;
SA -Special Rural; and
SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
Explanation 15 – The desire is to enable TPS No. 10 to encourage and enable economic development
which is suitable for the zone without impacting the locality. As noted in proposal 14, ‘Home
Business’ allows home occupation style uses but with a larger floor area, increased number of
employees, and larger vehicle tonnage. The proposal requires such applications to be advertised for
community comment before Council consideration.
Proposal 16 – Introduce a new definition of ‘Home Business’ in Appendix No. 1 –Interpretations’ as
follows:
“Home Business – a business, service or profession carried out in a dwelling or on land around a
dwelling which:
(a) does not employ more than two people not members of the occupier’s household;
(b) will not cause injury to or adversely affect the amenity of the neighbourhood;
(c)
does not occupy an area greater than 50m²,
(d) does not retail the retail sale, display or hire of goods of any nature,
(e) in relation to vehicles and parking, will not result in traffic difficulties as a result of the
inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not
involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and
(f)
does not involve the use of an essential service of greater capacity than normally required in
the zone.”
Explanation 16 – TPS No. 10 allows ‘Home Occupation’ as an ‘AA’ use in the Residential, Residential
Development, Rural, Special Rural and Intensive Horticulture zones. The ‘Home Business’ use allows
home occupation style uses but with a larger floor area (from 20m2), external employees (from zero)
and larger vehicle tonnage (from zero).
Proposal 17 - Delete reference in Clause 6.4.4 to Uniform Building By-Laws.
Explanation 17 – The term Uniform Building By-Laws no longer exists. In addition, under the Building
Act 2012, the process of planning approval and building permit are not linked. In this regard, a
planning scheme cannot make requirements over a building permit application.
Proposal 18 – Introduce a revised definition of ‘Kennels’ in Appendix No. IV –Interpretations’ (by
removing crossed out words and adding the underlined words) as follows:
“Kennels” - means land and buildings used for the purpose of keeping, breeding, and temporary care
of dogs except that the expression shall not include the keeping of up to two six dogs by a land
owner for his own use and enjoyment unless a different limit is provided for in a Local Law. The
maximum number of dogs which may be dept kept in kennels shall be determined in each case by the
Council Local Government”.
17
Explanation 18 – the Shire is establishing a local law whereby a ‘kennel’ can provide for up to 6 dogs.
It is considered that the definition of TPS No. 10 should be modified to ensure a consistent approach.
It should be noted that approval of Council under the Dog Act and local law would still be required.
Proposal 19 – As per Schedule 2, rezone Lot 1004 Olivia Terrace, Carnarvon from “Public Purposes
Car Park (CP)” reserve to “Commercial” zone.
Explanation 19 – Lot 1004 is owned by the Shire of Carnarvon.
Public Purposes –
Car Park
Lot 1004
Commercial
Aerial Photo and Existing Zoning Map
Importantly, Lot 1004 is not a reserve and should not be defined as a ‘reserve’ under TPS No. 10. It is
considered appropriate that the Scheme Maps associated with TPS No. 10 be modified such that it
be compatible with adjoining zoning which is ‘Commercial’. Rezoning will not change the use of the
land however it does enable consideration of any alternative use that Council may see fit to pursue.
Proposal 20 – Under Clause 2.6 (e) (i) replace the words “’Acceptable Development ‘” with
“’Deemed-to-Comply’”.
Explanation 20 – The reference to ‘Acceptable Development’ is not applicable as the WAPC’s State
Planning Policy 3.1 now refers to ’Deemed-to-Comply’ provisions.
Proposal 21 – Under Clause 2.5.1 replace the following words:
“2.5 PERIOD FOR MAKING DECISIONS
1.5.1 The Council shall convey its decision on any such Application for Planning Approval
whether in principle or otherwise to the applicant in the form set out at Appendix No.
2 to this Scheme within 120 days of the date upon which it was received at the
Council’s offices unless the Council shall have first obtained the applicant’s approval
in writing for an extension of that period and in the event that a decision has not
been made within the period or extended period, the application may be deemed to
have been refused for the purpose of appeal.”
with:
18
“2.5 DEEMED REFUSAL
2.5.1 Subject to clause 2.5.2, an application for planning approval is deemed to have been
refused if a determination in respect of that application is not conveyed to the
applicant by the local government within 60 days of the receipt of the application by
the local government, or within such further time as is agreed in writing between the
applicant and the local government.
2.5.2
An application for planning approval which is the subject of a notice under clause 4.3
is deemed to be refused where a determination in respect of that application is not
conveyed to the applicant by the local government within 90 days of the receipt of
the application by the local government, or within such further time as is agreed in
writing between the applicant and the local government.”
Explanation 21 – The modification is in line with the majority of planning schemes in Western
Australia along with ensuring an effective and efficient planning service to the community. There
seems little need for a planning application process that requires a determination in four months.
The Shires Planning Section regularly considers applications well within the 120 days as provided for
in TPS No. 10.
Importantly, the modification sought reflects the wording of the ‘Model Scheme Text’ (as provided
for in Town Planning Regulations 1967).
Proposal 22 – Replace ‘Table No. 2-Development and Car parking Standards’ with the revised ‘Table
No. 2-Development and Car parking Standards’ as included in Schedule 1.
Explanation 22 – Table No. 2 of TPS No. 10 refers to the development and car parking standards
required by Council and does this through referring to the particular standard in accordance with the
zone relevant to the particular site of the planning application. It would appear that TPS No. 10 as
originally gazetted excluded reference to the zone however the WAPC digital version of TPS No. 10
indicates reference to the zone. The Shire Administration has not been able to determine how this
was undertaken and considers it prudent to ensure it is rectified through a formal amendment to
TPS No. 10 (as provided for in Schedule 8.3.4 (ii).
The modifications proposed are ‘policy neutral’ in that the specific parking provisions are not
altered. Should such changes be required it would be undertaken through new Scheme 13.
Proposal 23 – As per Schedule 3, rezone Reserve 36467 (Lot 1210) and portion of Lot 287 North
West Coastal Highway, Carnarvon from “Residential Development” zone to “Public Purposes Rubbish
Disposal (RD)” reserve.
Explanation 23 – Land referred to as Reserve 36467 (Lot 1210) is vested in the Shire of Carnarvon for
the purpose of ‘sewage disposal’. However, the land was established many years ago as the Shire’s
rubbish tip. In addition, as noted on the following aerial photo, the rubbish tip straddles part of Lot
287. Currently under TPS No. 10, both Reserve 36467 and surrounding Lot 287 are zoned ‘residential
development’, though neither hold any residential uses. As evident in the aerial photo below, the
current rubbish tip site extends north past the boundaries of Reserve 36467.
19
Lot 287
Lot 287
R36467
R36467
Proposal 23 – Aerial Photo and Existing Zoning Map
As such, it is considered appropriate that the Scheme Maps associated with TPS No. 10 be modified
such that the site more correctly reflects the current use of the land.
It is also appropriate that concurrent with the rezoning of the land that the Council request the
Department of Lands to modify the ‘purpose’ of the reserve to be ‘Rubbish Disposal’.
Proposal 24 – As per Schedule 4, rezone Lot 600 and Lot 601 Yardi Quays, Northwater from part
“Private Clubs and Institutions” zone and part “Fascine Waterway Development” to wholly “Fascine
Waterway Development” zone.
Explanations 24 – The above lot has been developed for residential purposes, however TPS No. 10
has included as part “Private Clubs and Institutions” zone and part “Fascine Waterway
Development” zone. This appears to be a mapping error and according, Lot 600 and Lot 601 should
be wholly zoned “Fascine Waterway Development” zone.
Proposal 24 – Aerial Photo and Existing Zoning Map
20
Proposal 25 – As per Schedule 5, rezone from part “Residential” zone and part “Fascine Waterway
Development” to wholly “Residential” zone with a density code as described in Table 1 of the
Residential Design Codes of R20 as follows:

Lots 615 – 620 (inclusive) and Lot 823 Yardi Quays, Northwater.
And rezone Yardi Quays, Mindirra Crescent and Jaaga Cove from “Residential” zone to “Local Road”.
Explanations 25 – The above lots have been developed for residential purposes (non-canal lots),
however TPS No 10 has included these lots as part “Residential” zone and part “Fascine Waterway
Development”. It is appropriate to zone these lots in a single residential zone.
Proposal 25 – Aerial Photo and Existing Zoning Map
Proposal 26 –As per Schedule 6, rezone Reserve 49812 and Reserve 46363 from “Fascine Waterway
Development” to “Public Open Space” reserve.
Explanations 26 – Reserves 49812 and 46363 have been given the purpose ‘recreation’ under the
land Administration Act 1996 and should be reserved under TPS No. 10 as such.
21
R49812
R46363
Proposal 26 – Aerial Photo and Existing Zoning Map
Proposal 27 – As per Schedule 7, rezone part Lot 1193 and Reserve 6049 from “Private Clubs and
Institutions” zone to “Public Open Space” reserve.
Proposal 28 – As per Schedule 7, rezone portion Olivia Terrace road reserve from “Private Clubs and
Institutions” zone to “Important Local Road” reserve.
Explanations 27 and 28 – Land associated with Proposals 26 and 27 have been included in “Private
Clubs and Institutions” zone however they should be placed in either a Public Open Space reserve
under the Scheme or where land is within a road reserve, an “Important Local Road” reserve.
Olivia Terrace Road Reserve
R1193
Proposal 27 & 28 – Aerial Photo and Existing Zoning Map
22
Proposal 29 – As per Schedule 8, rezone Lot 1 Mahony Avenue, Brown Range from “Residential R10”
and “Special Use – Earth Station Tourist Precinct” to “Special Use – Telecommunications, NBN
Satellite Earth Station and Tourist/Education Precinct” and “Residential R20”.
Explanation 29 – On 12 February 2013, the Gascoyne Joint Development Assessment Panel granted
conditional approval for a National Broadband Network (NBN) Satellite Earth Station at Lot 1
Mahony Avenue Brown Range. The proposed rezoning of Lot 1 Mahoney Avenue will better align
zoning under TPS No. 10 with the current and future land uses – including the NBN and Space and
Technology Museum. In addition, the remainder of Lot 1 is proposed to retain a Residential zoning to
allow for the construction of dwellings in the future, which may include accommodation for Shire
staff.
Future NBN
Subdivision Area
Lot 1
Lot 1
Proposal 29 – Aerial Photo and Existing Zoning Map
23
Proposal 30 – Under Clause 2.4.3 replace the following words:
2.4.3
Without limiting the above, the Council may, where it deems appropriate, grant
Planning Approvals which;
(i). if not implemented within the period of time specified in each such Approval shall
cease to be valid;
(ii). permit the use and development of land to occur for limited periods of time after
the expiration of which periods, as specified in each such Approval, the use shall
cease and the site shall be restored to the condition prevailing at the time when the
Approval was given unless a further Approval has been sought and obtained;
Unless otherwise specified pursuant to Clause (i) above, any Planning Approval granted
by the Council under this Part shall cease to be valid if not implemented within a period
of 2 years from the date of the approval concerned.
with:
“2.4.3
Where the local government grants Planning Approval for the development of land —
(i) the development approved is to be substantially commenced within 2 years, or such
other period as specified in the approval, after the date of the determination; and
(ii) the approval lapses if the development has not substantially commenced before the
expiration of that period.
2.4.4
A written request may be made to the local government for an extension of the term of
planning approval at any time prior to the expiry of the approval period in clause 2.4.3.”
Renumber existing 2.4.3 to read “2.4.5”.
Explanation 30 – The wording of TPS No. 10 in relation to the lapse period of a Planning Approval is
difficult to achieve if a development is staged or incomplete of the 2 year period.
Also, TPS No. 10 does not refer to the opportunity for Council to extend the approval period.
Proposal 31 – Introduce new Clause 2.5 ‘Amending or Revoking a Planning Approval’ as follows:
“2.5
2.5.1
AMENDING OR REVOKING A PLANNING APPROVAL
The Local Government may, on written application form the owner of land in respect
of which planning approval has been granted, revoke or amend the Planning
Approval prior to the commencement of the use or development subject of the
Planning Approval.”
Explanation 31 – TPS No. 10 does not allow an applicant to seek a review of a Planning Approval and
only has the State Administrative Appeals Tribunal (SAT) to seek redress. The inclusion of the
provision may assist both the Applicant and Council in addressing matters associated with an
Approval without the expense or time at the SAT.
Proposal 32 – Replace the following words in Policy Statement No. 1:
“(a) Where a property is in excess of 4ha and less than 10ha to a maximum of two
dwelling units.
24
(b) Where property is in excess of 10ha then, there is permitted two dwelling units for
the first 10ha and thereafter additional unit for each additional 10ha viable rural
property”.
with:
“Accommodation within the Intensive Horticulture Zone will comply with Table 1-Zoning
Table of Scheme 10 in that a single house is a ‘permitted’ use and ancillary
accommodation is ‘discretionary use’.
Under the under the Residential Design Codes (‘R-Codes’) a ‘single house’ is defined as a
‘dwelling’ as follows:
“A building or portion of a building being used, adapted, or designed or intended to be
used for the purpose of human habitation on a permanent basis by a single person, a
single family, or no more than six persons who do not comprise a single family.”
Ancillary Accommodation is defined under the R-Codes as follows:
“Self-contained dwelling on the same lot as a single house which may be attached to,
integrated with or detached from the single house”.
Explanation 32 – Council at the Special meeting of 28 January 2014 sought to modify Policy
Statement 1 from the TPS.10 to ensure consistency with remaining provisions. In particular table 1
to TPS.10 prohibits the construction of two or more dwellings on the same horticulture lot, yet Policy
Statement No. 1 erroneously commits Council to approving such use and development. Whilst
Clause 8.8.4 of TPS.10 clearly stipulates that a policy does not bind Council it is still necessary to
modify Policy Statement No. 1 as provided for in TPS. 10.
25
Justification /Conclusion
This scheme amendment is justified on the basis that:
The above modifications to TPS No. 10 are sought to enable Council, the Shire and the community to
continue with what is clearly an out dated planning scheme until new Planning Scheme No. 13 is
prepared and approved by the Minister for Planning. It should be noted that the recommended
proposals are those matters that are glaring to the Shire’s planners in relation to working with TPS
No. 10 on a day to day basis. Although further modifications could be considered, it would take a
complete re-write of TPS No. 10 which would remove officer time and attention to the new Scheme.
The amendments are considered to be in accordance with the following goals & outcomes in the
Carnarvon Strategic Community Plan 2011:
Objective 1
A developing regional economic base and increased employment supported by
strong business enterprises and a growing population
Outcome 1.5
A thriving and diverse business environment
Objective 3
A healthy and safe community, enjoying a high quality of life
Outcome 3.8
Improved community health, safety and well being
3.8.1
Support and assist fire and other emergency service organisations in the preparation
for, and delivery of, emergency operations.
The zoning amendments to the Town Planning Scheme map will allow for a pragmatic approach to
future development of the subject land parcels, with certainty and consistency provided to
respective landowners regarding future development opportunity.
Accordingly, it is the Shire’s view that the proposed Scheme Amendment should be supported.
26
PLANNING AND DEVELOPMENT ACT 2005
RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME
SHIRE OF CARNARVON
TOWN PLANNING SCHEME No. 10
AMENDMENT No. 68
RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act 2005
(as amended), amend the above Town Planning Scheme by:
1. Modifying the preamble to Table 1 Zoning Table by deleting under Symbol ‘M’, the words
“Clause 6.8 & Append.10” replacing it with the words “Clause 6.7 & Appendix No. IX”.
2. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Horticulture Manager’s
dwelling’ with a designation the following zones:



3.
AA - Rural;
AA - Special Rural; and
AA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
Introducing a new definition of ‘Horticulture Manager’s Dwelling’ in Appendix No. IV –
‘Interpretations’ as follows:
“Horticulture Manager’s Dwelling”:
means a single dwelling that is occupied by a person, together
with their spouse, partner or dependent child who is actively
involved in the operation of a registered horticulture business
on a day to day basis on the subject land.
4. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Seasonal Workers
Accommodation’ with a designation the following zones:



SA - Rural;
SA- Special Rural; and
SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
5. Introducing a new definition of ‘Seasonal Workers Accommodation’ in Appendix No. IV –
‘Interpretations’ as follows:
i. “Seasonal Workers Accommodation:
means a building or group of
buildings of a residential classification (excluding a motel, hotel, hostel or
boarding/lodging house, tourist accommodation, caravan park and camping
ground), that is occupied by a person, together with their spouse, partner or
dependent child who is actively involved in the operation of the business on a
27
day to day basis on the subject land or land purposely zoned for workers’
accommodation use”.
6. Modifying Clauses 1.2, 5.7, 5.10, 5.14, 6.1, 6.2, 6.3, 6.4 and Appendix No. IV – Interpretations
by replacing ‘Residential Planning Codes’ with ‘Residential Design Codes’.
7. Modifying Clause 6.2.1 by deleting reference to a density Code of R13.5 and relace with a
density of R12.5.
8.
Removing all references in TPS No. 10 of the term ‘Council’ and replace with ‘Local
Government’.
9. Introducing a new Scheme provision 6.4 (renumbering the remaining Clauses) as follows:
‘’6.4
SEASONAL WORKERS ACCOMMODATION
6.4.1 All seasonal workers accommodation, whether intended as permanent or
temporary structures, shall be regarded as residential development and is subject to
the requirements of the Residential Planning Codes and clause 6.1 of this Scheme.
6.4.2 Notwithstanding subclause 6.3.1, the requirements of the Residential Design
Codes and clause 6.1 of the Scheme may be varied for seasonal workers
accommodation by Local Government provided adequate justification for the
variation is submitted by the proponents of the accommodation and provided Local
Government considers the variation appropriate.
6.4.3 Planning applications for temporary structures to provide seasonal workers
accommodation shall, to Local Government’s satisfaction, be accompanied by
information and plans indicating how and when the development will be removed
and the site rehabilitated or developed for a different use intended for the site.
6.4.4 Local Government may require, by signed agreement, a commitment to the
date and details of rehabilitation and conversion the subject of subclause 6.4.3.’’
10. Modifying the definition of ‘Rural Pursuit’ to remove ‘poultry farming’.
11. Deleting Clause 6.8.2 and Clause 6.8.3.
12. Introducing a revised definition of ‘Fuel Filling Station’ in Appendix No. IV – ‘Interpretations’
(by adding the underlined words) as follows:
“Fuel Filling Station” - means land, buildings and equipment used for the
storage and dispensing of liquid and gaseous fuels for the operation of the
predominant use of the land but does not include a service station and
specifically excludes the sale by retail into a vehicle for final use of such fuel
from the premises.
13. Introducing a revised definition of ‘Motel’ in Appendix No. IV –Interpretations’ (by adding
the underlined letter) as follows:
“Motel” - means a building, group of buildings or place used or intended to
be used to accommodate patrons in a manner similar to a hotel or boarding
house but in which special provision is made for the accommodation of
patrons with motor vehicles.”
28
14. Modifying Table 1 Zoning Table by replacing under Residential Uses as follows:
 ‘Single House’ to be replaced with ‘Single Dwelling’; and
 ‘Attached House’ to be replaced with ‘Attached Dwelling’.
15. Modifying Table 1 Zoning Table by including under Residential Uses, ‘Home Business’ with a
designation the following zones:
 SA -Residential;
 SA -Residential Development;
 SA -Rural;
 SA -Special Rural; and
 SA - Intensive Horticulture;
with a dashed line for the remaining zones (except ‘Special Use’ zone).
16. Introducing a new definition of ‘Home Business’ in Appendix No. IV –Interpretations’ as
follows:
“Home Business – a business, service or profession carried out in a dwelling or on land
around a dwelling which:
(a) does not employ more than two people not members of the occupier’s household;
(b) will not cause injury to or adversely affect the amenity of the neighbourhood;
(c) does not occupy an area greater than 50m²,
(d) does not retail the retail sale, display or hire of goods of any nature,
(e) in relation to vehicles and parking, will not result in traffic difficulties as a result of
the inadequacy of parking or an increase in traffic volumes in the neighbourhood,
and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes
tare weight; and
(f) does not involve the use of an essential service of greater capacity than normally
required in the zone.”
17. Deleting reference in Clause 6.4.4 to Uniform Building By-Laws.
18. Introducing a revised definition of ‘Kennels’ in Appendix No. IV –Interpretations’ (by
removing crossed out words and adding the underlined words) as follows:
“Kennels” - means land and buildings used for the purpose of keeping, breeding, and
temporary care of dogs except that the expression shall not include the
keeping of up to two six dogs by a land owner for his own use and
enjoyment unless a different limit is provided for in a Local Law. The
maximum number of dogs which may be dept kept in kennels shall be
determined in each case by the Council Local Government”.
19. Rezoning Lot 1004 Olivia Terrace, Carnarvon from “Public Purposes Car Park (CP)” reserve to
“Commercial” zone.
20. Under Clause 2.6 (e) (i) replacing the words “’Acceptable Development ‘” with “’Deemed-toComply’”.
29
21. Under Clause 2.5.1 replacing the following words:
“2.5 PERIOD FOR MAKING DECISIONS
2.5.2 The Council shall convey its decision on any such Application for Planning
Approval whether in principle or otherwise to the applicant in the form set out
at Appendix No. 2 to this Scheme within 120 days of the date upon which it
was received at the Council’s offices unless the Council shall have first obtained
the applicant’s approval in writing for an extension of that period and in the
event that a decision has not been made within the period or extended period,
the application may be deemed to have been refused for the purpose of
appeal.”
with:
“2.5 DEEMED REFUSAL
2.5.1 Subject to clause 2.5.2, an application for planning approval is deemed to have
been refused if a determination in respect of that application is not conveyed
to the applicant by the local government within 60 days of the receipt of the
application by the local government, or within such further time as is agreed in
writing between the applicant and the local government.
2.5.2 An application for planning approval which is the subject of a notice under
clause 4.3 is deemed to be refused where a determination in respect of that
application is not conveyed to the applicant by the local government within 90
days of the receipt of the application by the local government, or within such
further time as is agreed in writing between the applicant and the local
government.”
22. Replacing ‘Table No. 2-Development and Car parking Standards’ with the revised ‘Table No.
2-Development and Car parking Standards’ (As included in Schedule 1).
23. Rezoning Reserve 36467 (Lot 1210) and portion of Lot 287 North West Coastal Highway,
Carnarvon from “Residential Development” zone to “Public Purposes Rubbish Disposal (RD)”
reserve.
24. Rezoning Lot 600 and Lot 601 Yardi Quays, Northwater from part “Private Clubs and
Institutions” zone and part “Fascine Waterway Development” to wholly “Fascine Waterway
Development” zone.
25. Rezoning from part “Residential” zone and part “Fascine Waterway Development” to wholly
“Residential” zone with a density code as described in Table 1 of the Residential Design
Codes of R20 as follows:
• Lots 615 – 620 (inclusive) and Lot 823 Yardi Quays, Northwater.
And rezone Yardi Quays, Mindirra Crescent and Jaaga Cove from “Residential” zone to “Local
Road”.
26. Rezoning Reserve 49812 and Reserve 46363 from “Fascine Waterway Development” to
“Public Open Space” reserve.
27. Rezoning Part Lot 1193 and Reserve 6049 from “Private Clubs and Institutions” zone to
“Public Open Space” reserve.
30
28. Rezoning portion Olivia Terrace road reserve from “Private Clubs and Institutions” zone to
“Important Local Road” reserve.
29. Rezoning Lot 1 Mahoney Avenue, Brown Range from “Residential R10” and “Special Use –
Earth Station Tourist Precinct” to “Special Use – Telecommunications, NBN Satellite Earth
Station and Tourist/Education Precinct” and “Residential R20”.
30. Under Clause 2.4.3 replacing the following words:
“2.4.3
Without limiting the above, the Council may, where it deems appropriate,
grant Planning Approvals which;
(iii) if not implemented within the period of time specified in each such Approval shall
cease to be valid;
(iv) permit the use and development of land to occur for limited periods of time after
the expiration of which periods, as specified in each such Approval, the use shall
cease and the site shall be restored to the condition prevailing at the time when
the Approval was given unless a further Approval has been sought and obtained;
Unless otherwise specified pursuant to Clause (i) above, any Planning Approval
granted by the Council under this Part shall cease to be valid if not implemented
within a period of 2 years from the date of the approval concerned.”
with:
“2.4.3
Where the local government grants Planning Approval for the development of
land —
(iii) the development approved is to be substantially commenced within 2 years, or
such other period as specified in the approval, after the date of the determination;
and
(iv) the approval lapses if the development has not substantially commenced before
the expiration of that period.
2.4.4
A written request may be made to the local government for an extension of the
term of planning approval at any time prior to the expiry of the approval
period in clause 2.4.3.”
Renumbering existing 2.4.3 to read “2.4.5”.
31. Introducing new Clause 2.5 ‘Amending or Revoking a Planning Approval’ as follows:
“2.5
AMENDING OR REVOKING A PLANNING APPROVAL
2.5.1 The Local Government may, on written application form the owner of land in
respect of which planning approval has been granted, revoke or amend the Planning
Approval prior to the commencement of the use or development subject of the
Planning Approval.”
31
32. Replacing the following words in Policy Statement No. 1:
“(a)
(b)
Where a property is in excess of 4ha and less than 10ha to a maximum of two
dwelling units.
Where property is in excess of 10ha then, there is permitted two dwelling units for
the first 10ha and thereafter additional unit for each additional 10ha viable rural
property”.
with:
“Accommodation within the Intensive Horticulture Zone will comply with Table 1Zoning Table of Scheme 10 in that a single house is a ‘permitted’ use and ancillary
accommodation is ‘discretionary use’.
Under the under the Residential Design Codes (‘R-Codes’) a ‘single house’ is
defined as a ‘dwelling’ as follows:
“A building or portion of a building being used, adapted, or designed or intended
to be used for the purpose of human habitation on a permanent basis by a single
person, a single family, or no more than six persons who do not comprise a single
family.”
Ancillary Accommodation is defined under the R-Codes as follows:
“Self-contained dwelling on the same lot as a single house which may be attached
to, integrated with or detached from the single house”.
33. Amending the Scheme Maps accordingly.
32
ADOPTION AND APPROVAL OF THE TOWN PLANNING SCHEME AMENDMENT
ADOPTION
The Town Planning Scheme Amendment was adopted by Resolution of the Council of the Shire of
Carnarvon at the meeting of the Council held on the 25th day of March 2014.
SHIRE PRESIDENT
CHIEF EXECUTIVE OFFICER
FINAL ADOPTION
The Town Planning Scheme Amendment was adopted for final approval by Resolution of the Council
of the Shire of Carnarvon at the meeting of the Council held on the
day
of
2014.
SHIRE PRESIDENT
CHIEF EXECUTIVE OFFICER
The seal of the Municipality was hereunto affixed in the presence of:
SHIRE PRESIDENT
CHIEF EXECUTIVE OFFICER
RECOMMENDED / SUBMITTED FOR FINAL APPROVAL
Endorsed by the Western Australian Planning Commission and submitted for final approval.
DELEGATED UNDER S16 OF PLANNING AND
DEVELOPMENT ACT 2005
DATE
Final approval granted.
MINISTER FOR PLANNING
DATE
33
Zoning Maps and Tables
Schedule 1
Replacing ‘Table No. 2-Development and Car parking Standards’ with the revised ‘Table No. 2-Development
and Car parking Standards’.
Schedule 2
Rezoning Lot 1004 Olivia Terrace, Carnarvon from “Public Purposes Car Park (CP)” reserve to
“Commercial” zone.
Schedule 3
Rezoning Reserve 36467 (Lot 1210) and portion of Lot 287 North West Coastal Highway, Carnarvon
from “Residential Development” zone to “Public Purposes Rubbish Disposal (RD)” reserve.
Schedule 4
Rezoning Lot 600 and Lot 601 Yardi Quays, Northwater from part “Private Clubs and Institutions” zone and
part “Fascine Waterway Development” to wholly “Fascine Waterway Development” zone.
Schedule 5
Rezoning from part “Residential” zone and part “Fascine Waterway Development” to wholly “Residential”
zone with a density code as described in Table 1 of the Residential Design Codes of R20 as follows:
•
Lots 615 – 620 (inclusive) and Lot 823 Yardi Quays, Northwater.
And rezone Yardi Quays, Mindirra Crescent and Jaaga Cove from “Residential” zone to “Local Road”.
Schedule 6
Rezoning Reserve 49812 and Reserve 46363 from “Fascine Waterway Development” to “Public Open Space”
reserve.
Schedule 7
Rezoning Part Lot 1193 and Reserve 6049 from “Private Clubs and Institutions” zone to “Public Open Space”
reserve.
Rezoning portion Olivia Terrace road reserve from “Private Clubs and Institutions” zone to “Important Local
Road” reserve.
Schedule 8
Rezoning Lot 1 Mahoney Avenue, Brown Range from “Residential R10” and “Special Use – Earth Station Tourist
Precinct” to “Special Use – Telecommunications, NBN Satellite Earth Station and Tourist/Education Precinct”
and “Residential R20”.
34
Schedule 1
TABLE 2 - DEVELOPMENT & CAR PARKING STANDARDS (SEE ALSO GENERAL REQUIREMENTS)
Notes: cps - Car Parking Space
gfs - Gross Floor Space
* - Standard to be determined
DEVELOPMENT STANDARDS
Zone
CAR PARKING REQUIREMENTS
Setbacks (m)
Uses
Car Parking Requirements
RESIDENTIAL
DEVELOPMENT
FOR SPECIAL PROVISIONS RELATING TO DEVELOPMENT IN THIS ZONE PLEASE REFER TO PART 6.
SPECIAL
RESIDENTIAL
FOR SPECIAL PROVISIONS RELATING TO DEVELOPMENT IN THIS ZONE PLEASE REFER TO PART 6.
Nil
Rear
Landscaping
Front
Nil
Side
Site
Coverage
RESIDENTIAL
Nil
100
Shops & Banks
1cps/20m2
Cafe
Restaurant
Eating Houses
Take-Away & Fast Food
Outlets
1 cps/4 seats + 1 cps/5m2 of
waiting area
Notwithstanding that setbacks and landscaping are not
required and site coverage is set at 100%, nothing shall
prevent the Council from requiring compliance with any
such standards which it may prescribe with respect to
setbacks, site coverage, landscaping and pedestrian
movement areas, where, in its view the scale of
development ore redevelopment and/or its location justify
their imposition.
Offices
Consulting Rooms
Medical Clinics
1 cps/50m2 gfs 4 cps/consultant
or practitioner
In addition to the provision of car parking spaces, where
the loading and unloading of goods is required to service
a particular use, then servicing accommodation will be
required within the site.
10
Day Care Centre
Kindergarten
1 cps/staff member
10
Churches Public Halls etc.
1 cps/4 seats
10
Offices, Professional
offices, Consulting Rooms
etc.
SEE ABOVE
*
COMMERCIAL
5
*
HOTEL
Nil
*
5
*
75
75
Special Remarks
(See also Parts V & VI for General & Special
Provisions)
10
Additional accommodation for picking up and setting
down of children will be required.
Hotel/Tavern
1 cps/3m2 net bar space & 1
cps/4 seats dining area and 1.5
cps/per unit of accommodation
as appropriate
Servicing accommodation will also be required within
each site.
Where developments in this zone adjoin residentially
zoned land the following standards shall be observed:-
Wine shop, Liquor Store,
Licensed Restaurant
See standards for shops and
restaurants etc.
Setbacks 10m front, Side - 3 m per storey, 7.5 rear.
Landscaping - 10% so sited as to protect the residential
amenity of adjoining properties.
35
TABLE 2 - DEVELOPMENT & CAR PARKING STANDARDS (SEE ALSO GENERAL REQUIREMENTS)
Notes: cps - Car Parking Space
gfs - Gross Floor Space
* - Standard to be determined
DEVELOPMENT STANDARDS
Zone
Setbacks (m)
LIGHT
AND
GENERAL
INDUSTRY
Side
Rear
Site
Coverage
Landscaping
10
3m
per
storey
each
side
7.5
50
10
Motel
1.5 cps per unit of
accommodation
9
*
*
*
10
Caravan/Chalet Park
Camping Grounds
1 cps/unit, bay or site & 1 cps/4
such units bays or sites for
visitor parking.
9
3m
7.5
30
10
Private Club
10
Places of Public
Assembly & Worship
Hall & Theatres
1 cps/4 seats in principal
auditorium
Light, General & Service
Industry
1 cps/50m2 gfs
In these Zones, servicing and loading and unloading
space will normally be required within each site
together with vehicle turning space where practicable.
(See Clause 5.3).
10
Factory Units
1 cps/40m2 gfs
For Factory units, the Council will specify in each case
the provision to be made for service yards, storage
areas and staff parking.
10
Warehousing,
Showrooms & Storage
10
5 one
side,
Nil on
the
other
Nil
*
10%
Uses
Car Parking Requirements
Special Remarks
(See also Parts V & VI for General & Special
Provisions)
Front
TOURIST
ACCOMMODATION
PRIVATE CLUBS
AN INSTITUTIONS
CAR PARKING REQUIREMENTS
*
Membership, frequency of use and maximum
attendance at functions etc. will be used to
determine parking requirements.
1 cps/100m2 gfs
36
TABLE 2 - DEVELOPMENT & CAR PARKING STANDARDS (SEE ALSO GENERAL REQUIREMENTS)
Notes: cps - Car Parking Space
gfs - Gross Floor Space
* - Standard to be determined
DEVELOPMENT STANDARDS
Zone
CAR PARKING REQUIREMENTS
Setbacks (m)
Front
Side
Rear
Site
Coverage
Landscaping
Uses
10
Service Stns. Petrol Filling
Stations, Roadhouses
10
Motor Vehicle Wrecking
and Marine Dealers
*
10
Noxious Industry
*
LIGHT
Car Parking Requirements
1.5 cps per service bay +
parking as above for Eating
houses
AND
GENERAL
INDUSTRY
Additional Provisions:
Special Remarks
(See also Parts V & VI for General & Special
Provisions)
For bowsers, awnings and canopies connected with these
uses, the prescribed setbacks may be reduced. In all
building development and land use within this zone
fronting Robinson Street in particular, special attention will
be paid to the quality of building design and site treatment
along the frontage setback areas.
Sites to be used for these purposes, shall be enclosed
with a 2m high solid screen fence on all sides of the area
to be used for storage and no goods, materials, vehicles
or parts thereof shall be stacked or stored to exceed the
height of the enclosing fence.
The Council may vary the requirement for side setbacks and may require the observance of a rear setback dependent upon the arrangements to be made for
loading and unloading, car parking and open storage. There shall be no open storage of goods, unserviceable machinery or vehicles, or building or other
materials within 10 metres of the front boundary of any lot within these zones which areas shall only be used for parking, loading and unloading, landscaping or,
with Council approval, trade displays. All open storage areas shall be screened from view by solid fencing and/or landscaping and/or other means approved by
Council.
Within these zones Council may reduce the front setback to 7.5m where it is satisfied that the design, appearance and materials to be used in the construction of
the front portion of the building is of a standard which, in the Council’s view, will enhance the appearance of the street and locality. Such reductions will only be
permitted where the front elevation and the side return elevations for a depth of 3 metres are constructed of brick, masonry or other materials producing a similar
appearance. No more than one caretaker’s flat or house is permitted on a lot within these zones.
INTENSIVE
HORTICULTURE
15m
7.5m
7.5m
*
*
All uses within this zone
*
RURAL
30m
*
*
*
*
Rural Uses
*
SPECIAL
RURAL
FOR SPECIAL REASONS RELATING TO DEVELOPMENT IN THIS ZONE PLEASE REFER TO PART 6.6
SPECIAL USE
FOR SPECIAL REASONS RELATING TO DEVELOPMENT IN THIS ZONE PLEASE REFER TO PART 6.7
37
Schedule 2
38
Schedule 3
39
Schedule 4
40
Schedule 5
41
Schedule 6
42
Schedule 7
43
Schedule 8
44